2007 PLP 1910 (YLR)
MUMR AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1910 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | MUMR AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1910 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1910 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1910 (YLR) (MUMR AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Petitioner.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10
Penal Code (XLV of 1860), Ss.338-G & 109
Role attributed to accused in F.I.R was not that of an accused person
Record had shown that at some later stage, accused had been relegated as an accused
Allegation against accused was that his son committed Zina and he had abetted said offence by concealing true facts
Whatsoever be the nature of allegations, fact remained that accused had not been arraigned as an accused, either by the complainant or by the victim
Alleged victim who had also been arraigned as an accused had been allowed bail
Case of accused being one Of further inquiry as contemplated in subsection (2) of S.497, Cr. P. C. , he was admitted to post-arrest bail, in circumstances. Badar Munir Malik for the State along with Muhammad Rasheed A.S.-I., Police Station Saddar Gojra, District Toba Tek Singh with police file.
Judgment & Decree
M. BILAL KHAN, J.
Munir Ahmad son of Nabi Baldish petitioner seeks post-arrest bail in case F.I.R. No.328 of 2005 dated 16-9-2005; registered with Police Station Saddar Gojra, District Toba Tek Singh, for offence under section 10 of the Offence of Zina (Enforcement, of Hudood) Ordinance No.VII of 1979 read with sections 338-G, 109, P.P.C.
2. The case of the prosecution as it unfolded in the F.I.R. has been given in some detail in the order of this Court of even date passed in Criminal Miscellaneous No.5033-B of 2006, therefore, the facts of the F.I.R. need not be reiterated here.
3. Munir Ahmed the petitioner had been arrested on 13-4-2006, and is in custody eversince. His application for post-arrest bail had been turned down by the learned Additional Sessions Judge-I, Toba Tek Singh, vide order dated 10-6-2006.
4. I have heard the learned counsel for the parties at some length.
5. After hearing the learned counsel for the parties and examining the record it has been observed right away that the role attributed to the petitioner in the F.I.R. was not that of an accused person. In fact the complainant Mst. Zubaida Bibi wife of Munawar Hussain, had stated in the F.I.R. that Munir Ahmed, was the one, who had tried to help her out and that having no one else to bank upon she had been helped out by the present petitioner, who had registered their complaint against with accused party. However, according to the record it transpired that at some later stage the petitioner had been relegated as an accused person. The allegation against him was that his son committed Zina with Mst. Razia Bibi and that the petitioner had abetted the said offence by concealment of true facts. Whatsoever, be the nature of allegations the fact remains that the petitioner had not been arraigned as an accused person either by the complainant or by the victim. Mst. Razia Bibi, who has also been arraigned as an accused, has been allowed bail by this Court in Criminal Miscellaneous No. 5033-B of 2006, today.
6. In view of the allegations levelled in the F.I.R. and examining the facts in their true perspective the case of the petitioner is one of further inquiry as contemplated in subsection (2) of section 497, Cr.P.C. The petitioner is admitted to post-arrest bail, subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Illaqa Judicial Magistrate/Duty Magistrate. H.B.T./M-153/L Bail granted.